Procedures of Bank Rakyat Whistleblowing Policy

Whistleblowing Policy

Procedures of Bank Rakyat Whistleblowing Policy

Any employee or member of the public who has knowledge or aware of any improper conduct (misconduct or criminal offence) committed or about to be committed within BANK RAKYAT is encouraged to make disclosure by following the procedures as stated in this document.


Reporting Channel

Disclosures can be made to the following reporting channel, in strict confidential manner:-

Disclosure Of Identity

In order to enable the Company to accord the Whistleblower with the necessary protection under the Policy and also to obtain more details pertaining to the disclosure, the Whistleblower is required to disclose his/her personal details as follows:-

  1. Name
  2. NIRC No.
  3. Contact Details (Office/Mobile/Home)

Scope Of Reporting

Any improper conduct (misconduct or criminal offence) including but NOT limited to the following:-

  • Fraud
  • Bribery
  • Abuse of Power
  • Conflict of Interest
  • Theft or embezzlement
  • Misuse of Company's Property
  • Non Compliance to Procedure

Only genuine concerns should be disclosed. The Whistleblower is responsible to ensure that the disclosure is made in good faith and free from any malicious intent. In addition, any disclosure which is found to be frivolous or vexatious will not be entertained.

If the investigation later revealed that the disclosure was made with malicious intent, appropriate action can be taken against the Whistleblower.

Content Of Disclosure

Any disclosure made herein should contain the following information:-

  • Details of the person(s) involved
  • Details of the allegation
  • Nature of the allegation;
  • Where and when the alleged misconduct/wrongdoing took place;
  • Other relevant information; and
  • Any supporting evidence if available

Protection Accorded To The Whistleblower

A Whistleblower will be accorded with protection under the Policy provided that the disclosure is made in good faith. Such protection is accorded even if the investigation later reveals that the Whistleblower is mistaken as to the facts and the rules and procedures involved.

The protection to the Whistleblower can be revoked under the following circumstances, among others:-

  • The Whistleblower participated in the improper conduct;
  • The Whistleblower willfully discloses a false statement;
  • The disclosure is made with malicious intent; or
  • The disclosure is frivolous or vexatious

Notification on the Outcome of the Disclosure

The Whistleblower will be notified on the outcome of his / her disclosure.

Whistleblowing FAQ

1. Who can be a whistleblower?

Any employee or Person or group of employees of the Bank or members of the public such as the Bank’s vendors (ie: contractors, suppliers) and the Bank’s business partners (ie: panel solicitors, auditors, valuers) who makes a disclosure against an employee of the Bank aboutan actual, suspected or anticipated improper conduct within the Bank.

2. Why should I whistleblow?

Whistleblowing allows the Bank’s internal management to promptly investigate and addressed improper conduct involving its employees before serious damage is caused. This may help to preserve and build the Bank’s integrity and credibility to all its stakeholders.

3. What do you mean by “improper conduct”?

Improper Conduct means an improper behaviour or an act or conduct in relation to the employee’s duties or work which is inconsistent with the due performance of his/her obligations as an employee and includes breach of discipline or violation of the rules and regulations as set out in the Bank’s Code of Business Conducts and Ethics or other unlawful conduct punishable under the laws of Malaysia which shall include but not limited to the following:

  1. Criminal offences such as fraud, criminal breach of trust, forgery, terrorism, abetment,theft or embezzlement;
  2. Bribery, corruption or blackmail;
  3. Abuse of Power;
  4. Conflict of Interest;
  5. Misuse of Bank’s Property; OR
  6. Non-compliance to the Bank’s Code of Business Conducts and Ethics.

4. What should I disclose if I decide to whistleblow?

The following information are required by the Bank to expedite the communication, investigation, deliberation and decision-making:

  1. Your List Item
  2. Details of the person(s) involved;
  3. Details of the allegation:
  4. Nature of the allegation;
  5. Where and when the alleged misconduct/wrongdoing took place.
  6. Other relevant information deemed useful to facilitate the investigation; and
  7. Any supporting evidence (if available).

5. How do I report?

Any Employee or Person are encouraged to utilize one of the Bank’s multiple channels for reporting concern of Improper Conduct such as follows:

  • Report in writing using the Whistleblowing Form (Appendix1) direct to the Bank’s Designated Recipient.
  • Email to whistle@bankrakyat.com.my
  • In person direct to the Head of CID

6. If I decide to be anonymous, is this permissible?

Yes, you may choose to report your concern anonymously in writing via any of the Bank’s available reporting channel. However, if you choose to withhold your identity from the report, investigators may be unable to ask you any additional follow-up questions which could limit the scope of the investigation. The Bank may choose not to proceed with the investigation if further relevant information is unattainable from sources other than from the whistleblower.

7. What do you mean by ‘disclosure in good faith’?

Disclosure in good faith means a disclosure made under sincere belief without any malicious motive or intent to damage one’s reputation or office. As far as the employees are concerned, the disclosures are made in the best interest of the Bank.

8. Will I get the protection from disclosing improper conduct?

Yes, you will be accorded with protection of strict confidentiality unless otherwise required by law and protection against any adverse and detrimental actions within the Bank. However, the protection may be revoked if it was found that:

  1. Your List Item
  2. The Whistleblower himself has participated in the Improper Conduct disclosed;
  3. The Whistleblower wilfully made in his disclosure of Improper Conduct a material statement which he knew or believed to be false or did not believe to be true;
  4. The disclosure of Improper Conduct is frivolous or vexatious;
  5. The Whistleblower does not have personal knowledge or a factual basis for the disclosure of Improper Conduct;
  6. The disclosure of Improper Conduct is made solely or substantially with the motive of avoiding dismissal or other disciplinary action; or
  7. Where there are any other circumstances that indicate the disclosure has been made with malicious intention, ulterior motive or for personal gain.

9. Will I be notified of the outcome of the investigation?

Yes, you will be notified upon completion of the process provided your identity is made available during the disclosure. In addition, following your disclosure, you will be provided with a reference number which will be used for subsequent communications.

10. Will any action be taken against me if the outcome of the investigation showed no improper conduct has been committed?

As long as the disclosure was made in good faith, you will not be affected. However, in the event that it is discovered that such disclosure was made with malicious/ill intent to injure the reputation of the person against whom the disclosure was made, appropriate action including legal action can be taken against you.

Whistleblowing Policy

1. INTRODUCTION

1.1 This document sets the whistleblowing policy (hereinafter referred to as the “Policy”) for all of the Bank’s employee and any person within the definition stated under Para 4.0.

1.2 The Policy is developed taking into consideration the legislative requirements under the Whistleblower Protection Act 2010, the requirement of BNM Corporate Governance Policy (BNM/RH/PD 029-9) dated 3rd August 2016 and BNM Guidelines on Corporate Governance for Development Financial Institutions dated 19th November 2011.

1.3 The Policy is to be read together with:

  1. The Bank’s integrity framework;
  2. The Bank’s Code of Business Conducts and Ethics;
  3. The Bank’s Whistleblower Standard Operating Procedures;
  4. Whistleblower FAQ;
  5. Any other relevant documents.

1.4 Compliance with Law and Regulations

This policy is to be complied at all times and subject to laws and regulations of Malaysia. In the event of any conflict or inconsistency between the provisions of the Policy and the laws and regulations of Malaysia, the latter shall prevail.

2. POLICY STATEMENT

The Bank is committed to the highest standard of integrity and accountability in the conduct of its affairs, businesses and operations. In achieving this standard, the Bank is further committed to provide Employee or Person with the ability to confidentially report their concerns of Improper Conduct relating to any Employee or Person without fear or risk of reprisal. This Policy sets out avenues for legitimate concern to be objectively investigated, addressed and that appropriate measures are taken in response.

3. OBJECTIVE OF THE POLICY

The objective of this Policy is:

3.1 To protect the values of transparency, integrity, impartiality and accountability within the Bank

3.2 Sets out avenues for legitimate concerns to be objectively investigated and addressed via a structured and effective reporting channel.

3.3 To clearly indicate the parties to whom concerns can be escalated within the Bank and ensure that all Employees or Person within the definition of this Policy are made aware of other avenues for whistleblowing to regulators or law enforcement agencies.

3.4 To allow Employee or Person to raise concerns about illegal, unethical or questionable practices in confidence without the risk of reprisal or Detrimental Action within the Bank.

4. DEFINITIONS

Anonymous Whistleblower

Means any person who makes a disclosure of suspected, potential or actual, current or past Improper Conduct (ie: illegal / fraudulent / unethical / questionable practices) to the Bank without disclosing his / her identity.

Bank

Means Bank Kerjasama Rakyat Malaysia Berhad including all its subsidiaries.

BOD

Means Board of Directors and Chairman of the Bank.

Corporate Integrity Department (CID)

Means Head of Corporate Integrity Department

Designated Recipient

Means Head of Corporate Integrity Department

Detrimental Action

includes;

  1. Action causing injury, loss or damage;
  2. Intimidation or harassment;
  3. Interference with the lawful employment or livelihood of any person, including discrimination, discharge, demotion, suspension, disadvantage, termination or adverse treatment in relation to a person’s employment, career, profession, trade or business or taking of disciplinary action; and
  4. A threat to take any of the actions referred to under item (a) to (c).

Employee

Means individual employed by the Bank either on permanent, contract, temporary, on assignment, or secondment basis.

Good Faith

Means a reasonable belief or honest intent to act without taking an unfair advantage over another person even when some legal technicality is not fulfilled

Improper Conduct

Means any conduct which if proved, constitutes a disciplinary offence under the Bank Code of Business Conduct and Ethics (COBCE) or a criminal offence punishable under the laws of Malaysia.

Person

Means Bank’s Board of Directors, vendors, customer, business partners, suppliers and contractors (where applicable)

Responsible Parties

Persons or Departments within the Bank responsible in conducting any inquiry or investigation on the disclosure

Whistleblower

Means any Employee or Person who makes a disclosure of suspected, potential or actual, current or past illegal or Improper Conduct in good faith to the Bank’s available reporting channels.

Whistleblowing

Means a deliberate, voluntary disclosure or reporting of an individual or organizational malpractice by employee or any person (who has privileged access to information) on an actual (past or present) or suspected improper conduct within the Bank based on his or her reasonable belief.

5. SCOPE OF THE POLICY

5.1 This Policy applies to the Bank’s Employee and any Person within the definition of this Policy. This policy does not apply to grievances concerning an Employee terms of employment and such matter shall be dealt with in accordance with the Bank Human Resource guidelines and policies. Should it be determined during the preliminary investigation that the matter disclosed does not fall within the scope of this Policy, such matters will be transferred and dealt with by the appropriate personnel of the relevant department for appropriate process to be taken.

5.2 Nothing in this Policy shall prohibits the Employee or Person from making disclosures of Improper Conduct to the enforcement agencies, prior or after such disclosures were made to the Bank.

5.3 However, it is to be noted that Whistleblower making disclosures of Improper Conduct to the enforcement agencies pursuant to the Whistleblower Protection Act 2010 shall be handled externally by the relevant authorities in accordance with the relevant legislation and are independent of the process and procedures described in this Policy.

6. REQUIREMENT OF GOOD FAITH

6.2 The element of Good Faith shall be deemed lacking if the following elements exist:

6.1 Whistleblower who intends to lodge any disclosure of Improper Conduct must ensure that the disclosure is made in Good Faith. The disclosure must be supported with a reasonable grounds or justification for believing such Improper Conduct has occurred or will occur and that the action is made for the best interest of the Bank and not for personal gain.

  1. The Whistleblower himself / herself has participated in the Improper Conduct disclosed;
  2. The Whistleblower wilfully made in his / her disclosure of Improper Conduct a material statement which he / she knew or believed to be false or did not believe to be true;
  3. The disclosure of Improper Conduct is frivolous or vexatious;
  4. The Whistleblower does not have personal knowledge or a factual basis for the disclosure of Improper Conduct;
  5. The disclosure of Improper Conduct is made solely or substantially with the motive of avoiding dismissal or other disciplinary action; or
  6. Where there are any other circumstances that indicate the disclosure has been made with malicious intention, ulterior motive or for personal gain.

7. PROTECTION TO WHISTLEBLOWER

7.1 The Whistleblower’s identity will be accorded with protection of strict confidentiality unless otherwise required by law. The Whistleblower will be protected from Detrimental Action within the Bank as consequence of his/her
disclosure. The Bank shall not tolerate Detrimental Action against the Whistleblower who has made disclosure in Good Faith even if the investigation subsequently finds them to be untrue.

7.2 The Bank considers adverse or Detrimental Action against Whistleblower as a serious improper conduct under the Bank’s Code of Business Conduct And Ethics and such action shall be subject to disciplinary action including but not limited to legal action, where applicable.

8. REVOCATION OF PROTECTION TO WHISTLEBLOWER

8.1 Any person who has not acted in Good Faith shall not be entitled to any protection under this Policy. The protection under this Policy shall be automatically revoked if the disclosures made does not fulfilled the elements of Good Faith as stated under Para 6 above.

8.2 If the allegations are proven to be malicious or founded on bad faith, parties responsible may be subject to appropriate action such as disciplinary action including but not limited to legal action, where applicable.

9. ANONYMOUS DISCLOSURE

9.1 Any Employee or Person may choose to disclose the concern of Improper Conduct anonymously. However, the Bank reserves it’s absolute discretion whether to proceed with investigation or otherwise. Factors, amongst others, to be considered includes seriousness of the concerns, credibility of the allegations, and whether the concerns can realistically be investigated from sources other than from the whistleblower.

10. ADMINISTRATION

10.1 CID shall administer all matters pertaining to the implementation of this Policy. The administration will include and not limited to establishing relevant Standard Operating Procedures to support the effective implementation of this Policy, creating awareness program and working culture based on the values of integrity, transparency, impartiality and accountability throughout the Bank.

11. REPORTING CHANNEL

11.1 Any Employee or Person are encouraged to utilize one of the Bank’s multiple channels for reporting concern of Improper Conduct such as follows:

  • Report in writing using the Whistleblowing Form (Appendix1) direct to the Bank’s Designated Recipient.
  • Email to whistle@bankrakyat.com.my
  • In person direct to the Head of CID

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